# In the matter of Acharya Techno Solutions (India) Pvt. Ltd. I.A-176-KOB-2020 In MA-05-KOB-2020 in TIBA-01-KOB-2019

> NCLT judgment dated 2021-02-18. Citation: TCN-2021-NCLT-03017. This case involves an application (IA/176/KOB/2020) filed by the Liquidator of Achariya Techno…

- **Court:** NCLT
- **Order date:** 18 Feb 2021
- **Citation:** TCN-2021-NCLT-03017
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/acharya-techno-solutions-india-pvt-ltd-ia-176-kob-2020-in-ma-05-kob-2020-in-tiba-86ab8cd8

## Summary

### Background

This case involves an application (IA/176/KOB/2020) filed by the Liquidator of Achariya Techno Solutions (India) Pvt Ltd, seeking directions regarding the claim of the Employees' Provident Fund Organisation (EPFO) under Sections 35(1)(n) and 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016. The liquidation of Achariya Techno Solutions was ordered on 19.02.2020. The EPFO claimed dues under the Employees Provident Funds and Miscellaneous Provisions Act, 1952, which the Liquidator initially did not consider part of the liquidation estate. The Liquidator requested the EPFO to submit claims in Form G, but received no intimation. The EPFO asserted its dues were statutory and had first charge over the defaulter's assets.

## Facts

Achariya Techno Solutions (India) Pvt Ltd was ordered into liquidation on 19.02.2020. Shawn Jeff Christopher was appointed as the Liquidator. Upon commencement of liquidation, the EPFO claimed dues under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The Liquidator found that the Corporate Debtor did not maintain funds earmarked for Provident Fund payments and requested the EPFO to submit claims in Form G. The Liquidator received claims from employees, operational creditors, unsecured financial creditors, and statutory authorities (excluding EPF dues). The EPFO asserted that its dues are statutory and have first charge over the assets, relying on Section 11 of the EPF &MP Act 1952. The EPFO referred to a Supreme Court decision in Kushal Ltd

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## Issues and analysis

### Issue 1: Whether the claims of EPFO are to be treated as statutory dues or claims under the Insolvency and …

**Ratio:** The court relied on the provisions of the Employees Provident Funds and Miscellaneous

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**Reasoning:** The court reasoned that the contributions, interest, and damages payable under the EPF

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**Interpretation:** The court interpreted the relevant sections of the EPF &MP Act, 1952, to

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**Application:** The court applied this interpretation to the facts of the case, concluding that

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## Parties

- **Judges:** Ashok Kumar…
- **Appellants:** V-Con Integrated…
- **Respondents:** Acharya Techno…

## Timeline

- **2020-02-19 — Liquidation…**: Tribunal ordered liquidation of M/s.…
- **2020-05-06 — EPFO Let…**: EPFO sent a letter to the Liquidator stating that the dues under Employees Provident…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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